AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Transcription

1 AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend the District of Columbia Appropriations Act, 1955 to direct that lease income from certain former school buildings shall be deposited into the District of Columbia Leasing Fees Working Fund; to amend the District of Columbia Appropriations Act, 1955, to direct that lease income from the lease of the Washington Center for Aging Services shall be deposited into the unrestricted fund balance of the General Fund of the District of Columbia; to impose a freeze on within-grade salary increases and cost of living adjustments for employees of agencies and instrumentalities of the District of Columbia government and to maintain the fiscal year 2010 salary schedules and benefits levels in fiscal year 2011; to amend the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to provide consistency between District law and the Fair Labor Standards Act of 1938 with respect to the calculation of overtime hours; to amend the Office of the Chief Technology Officer Establishment Act of 1998 to modify the mission of the Office of the Chief Technology Officer; to amend the Technology Services Support Act of 2007 to authorize the Office of the Chief Technology Officer to sell DC-Net services to independent agencies, government agencies outside the District government, and nonprofit entities; to amend the District of Columbia Latino Community Development Act to authorize the Office on Latino Affairs to issue grants to organizations that provide services to Latino residents of the District of Columbia or for other purposes in furtherance of the mission of the Office of Latino Affairs or the purposes of the District of Columbia Latino Community Development Act; to amend the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to clarify the coverage of payments for disability benefits and the responsibilities of District of Columbia employees seeking disability payments, to modify the name of the program covered by that title, to limit benefits for total and temporary and total partial disability payments to 500 weeks, except for employees whose date of hire was before January 1, 1980, to modify the provision regarding the weight provided to the opinions of treating physicians, to repeal a provision regarding requests for reconsideration of certain decisions under the act, to place limitations on the receipt of disability compensation, to provide for the apportionment of permanent partial disability ratings, to clarify the 30-day requirement for accepting or denying new claims made, to allow the suspension of benefits for failing to follow prescribed medical treatment, to limit a light- or 1

2 modified-duty assignment to a maximum of 6 months, and provide for representation and attorneys fees; to amend An Act To establish a code of law for the District of Columbia to authorize the Mayor to establish rules; to amend Title 17 of the District of Columbia Municipal Regulations to modify the fees for the issuance of notary public licenses and authentications through the Office of Notary Commissions and Authentications; to amend the District of Columbia Administrative Procedure Act to establish that electronic publication of the District of Columbia Register and the District of Columbia Municipal Regulations fulfills the legal publication requirements under those acts; to amend the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to modify the post-retirement health benefits available to certain District employees; to amend the Procurement Practices Act of 1985 to reduce the Contract Appeals Board s membership from 5 members to 3; to amend the Renewable Energy Portfolio Standard Act of 2004 to permit the use of the Renewable Energy Development Fund for rebates and other financial incentives; to amend the District Department of the Environment Establishment Act of 2005 to clarify the permissible uses of the Storm Water Permit Compliance Enterprise Fund; to amend the Anacostia River Clean Up and Protection Act of 2009 to clarify the permissible uses of the Anacostia River Clean Up and Protection Fund; to limit payment from the categories of bonus and special pay; to amend the District of Columbia Procurement Practices Act of 1985 to require that the annual capital improvement plan and budget for the Highway Trust Fund is submitted to the Council for review and approval; to amend the District of Columbia Campaign Finance Reform and Conflict of Interest Act of 1974 to establish a nonlapsing fund for the purpose of administration and enforcement of Title V of the act; to amend the Arts and Humanities Act to authorize the sale of prints and other artistic works by the Commission on the Arts and Humanities and to direct that the net proceeds of such sales be deposited in the Arts and Humanities Enterprise Fund; to amend Chapter 13 of Title 19 of the District of Columbia Municipal Regulations to increase the hourly rate for investigators and inspectors for special events and to decrease the percentage and radius requirement for neighborhood approval to host a special event; and to amend Chapter 7 of Title 24 to define Special Event, and to establish fee for issuance of a special-event permit; to amend section 1593 of An Act To establish a code of law for the District of Columbia, section 6a of the Construction Codes Approval and Amendments Act of 1986, section 121 of the District of Columbia Business Corporation Act, section 92 of the District of Columbia Nonprofit Corporation Act, section 44 of the District of Columbia Cooperative Association Act, section 64 of the Limited Liability Company Act of 1994, the Uniform Partnership Act of 1996, section 1102(b) of the Uniform Limited Partnership Act of 1987, and section of the District of Columbia Official Code to authorize the Mayor to establish fees and surcharges for the issuance of building permits, business licenses, and corporation filing documents; to amend Title 17 of the District of Columbia Municipal Regulations to 2

3 establish the rate of certain fees and surcharges for the issuance of building permits, business licenses, and corporation filing documents; to amend An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes to modify the vacant property registration requirements and to establish a graduated vacant property registration fee scale; to amend Chapter 8 of Title 47 of the District of Columbia Code to establish real property tax rates for Class 3 and 4 properties; to amend the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, and section 3(1) of An Act to provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes to allow for the electronic service of a notice of infraction; to amend section (a) of the District of Columbia Official Code to require a person applying for a basic business license to provide an electronic address for the electronic service of process of notices related to the license; and to amend section of Title 12A of the District of Columbia Municipal Regulations to require a person applying for certain permits to provide an electronic mail address with his or her application for the permit; to amend section 1 of An Act to provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes, to authorize the Office of the City Administrator to issue an order converting a special assessment lien to an administrative judgment and to authorize the enforcement of the order as a civil judgment in the Superior Court of the District of Columbia; to amend section 104(a) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 to shorten from 60 to 30 days the review period for proposed civil infraction amendments and to modify the procedure by which certain fines shall be doubled if not paid within the mandated period of time; to amend the District of Columbia Funeral Services Regulatory Act of 1984 to amend the definitions of the terms "direct supervision" and "immediate supervision", to allow the Mayor to establish a schedule of fees by rulemaking, to require the District of Columbia Board of Funeral Directors to provide a list of all licensed funeral directors to the Office of the Chief Medical Examiner and certain health care facilities, to allow the Board to issue a license to an applicant who is licensed in another jurisdiction, to restrict persons who can practice funeral directing, and to restrict the types of services an apprentice funeral director can perform; to amend the Housing Production Trust Fund Act of 1988 to modify the limit on the percentage of funds in the Housing Production Trust Fund that may be used for administrative costs; to require the Mayor to submit an affordable housing production report; to amend the Condominium Act of 1976 to establish a minimum amount for the condominium application fee and require the deposit of the fee into the Department of Housing and Community Development Unified Fund; to amend the Rental Housing Conversion and Sale Act of 1980 to authorize the Mayor to establish and collect fees for condominium conversion applications and certifications and to require the deposit of those fees into the Department of Housing and 3

4 Community Development Unified Fund; to amend the Fiscal Year 2009 Budget Support Act of 2008 to require that specified revenue be deposited into the Department of Housing and Community Development Unified Fund; to amend the District of Columbia Municipal Regulations to set the condominium conversion application and certification fees; to amend the Department of Insurance and Securities Regulation Establishment Act of 1996 to reorganize the Department of Insurance, Securities, and Banking by combining the Banking Bureau and the Securities Bureau; to regulate the practices of title insurance producers and companies in the District; to amend the Public Insurance Adjuster Licensure Act of 2002 to authorize the Commissioner to establish a fee by rule for the licensure of public insurance adjusters; to amend the Life Insurance Act of 1901 to create a uniform premium tax rate for all lines of insurance; and to amend Title 47 of the District of Columbia Official Code to conform with the new uniform premium tax rate; to amend the District of Columbia Unemployment Compensation Act to repeal the cap on the annual amount that may be deposited in the Unemployment Compensation Administrative Assessment Account and to apply the repeal retroactively; to amend the District of Columbia Workers' Compensation Act of 1979 to amend the standard for determining and redetermining certain costs and assessments and to apply the amendment retroactively; to amend the District of Columbia Unemployment Compensation Act to expand the purposes for which funds in the Unemployment Compensation Administrative Assessment Account may be used; to authorize the Mayor to issue grants in furtherance of the Mayor's planning authority; to amend Title 34 of the District of Columbia Official Code to delete outdated provisions to amend An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen, and for other purposes to provide that a public utility or service provider that fails to comply with a reimbursement order shall be subject to a penalty; to amend the Renewable Energy Portfolio Act of 2004 to make solar thermal systems located in the District of Columbia eligible for solar renewable energy credits, and to amend the definition of a renewable energy credit; to amend the Telecommunications Competition Act of 1996 to clarify the Public Service Commission's ability to impose penalties upon public utilities; to amend the Youth Employment Act of 1979 to require the Mayor to develop plans for the delivery of workforce development services for the summer youth jobs program and the out-of-school year-round employment program and to require that an independent contractor evaluate the programs on a yearly basis; to amend the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005 to establish a Commercial Revitalization Fund to provide funding for main streets and other commercial revitalization programs; to promote greater public disclosure and transparency regarding the cost of the District government's use of economic development incentives; to require the Chief Financial Officer to compile, print, and publish a Unified Economic Development Budget Report 4

5 every year; to require the Mayor to establish performance measures and goals to measure the success of economic development incentives; to require the Mayor to draft an annual strategic plan for the economic development activities of the Government of the District of Columbia; to provide funds within the Department of Employment Services for adult job training; to amend the Emergency and Non-Emergency Telephone Calling Systems Fund Act of 2000 to require that a prepaid wireless E911 charge be imposed upon a consumer s retail purchase of prepaid wireless telecommunications service occurring in the District; to establish the Access to Justice Initiative as a paper agency and to provide that the Office of the Chief Financial Officer shall award a grant in each fiscal year, from the budget of the Access to Justice Initiative, to the District of Columbia Bar Foundation for the purpose of the foundation providing support to nonprofit organizations that deliver civil legal services to low-income and under-served District residents; to amend the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to limit in fiscal year 2011 the amount of overtime personnel in the Fire and Emergency Medical Services Department may earn; to amend An Act To amend the Act entitled An Act to classify the officers and members of the Fire Department of the District of Columbia, and for other purposes, approved June 20, 1906, and for other purposes to provide that no member of the Fire and Emergency Medical Services Department, except for officers, shall work more than 204 hours in 2 consecutive pay periods in fiscal year 2011, and to prohibit in fiscal year 2011 an officer or member of the department from earning overtime in a pay period after that officer or member has received sick leave in the same pay period; to amend the Omnibus Public Safety Agency Reform Amendment Act of 2004 to prohibit in fiscal year 2011 an officer or member of the Fire and Emergency Medical Services Department from being detailed to Emergency Medical Technician Classes for more than 60 days; to amend section of the District of Columbia Official Code to repeal the sunset date for the Domestic Violence Fatality Review Board; to require the Mayor to contract for the delivery of health care services to inmates in the custody of the Department of Corrections under a community-oriented healthcare services model; to amend the Emergency and Non-Emergency Telephone Calling Systems Fund Act of 2000 to strengthen the requirements for the annual audit of the fund conducted by the Chief Financial Officer; to amend the Pre-K Enhancement and Expansion Amendment Act of 2008 to clarify the priority enrollment requirements and procedures applicable to District of Columbia Public Charter Schools and to conform these requirements with those in effect under the District of Columbia School Reform Act of 1995; to amend section 143 of the District of Columbia Appropriations Act, 2003 to clarify that the loan amount cap applies per campus at any charter public school applicant; to amend the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools and Tax Conformity Clarification Amendment Act of 1998 to establish the uniform per student funding formula for public schools and public charter schools for fiscal year 2011; to 5

6 amend the Board of Education Continuity and Transition Amendment Act of 2004 to require the Chancellor of the District of Columbia Public Schools to prepare and execute a performance-based budget on an annual basis; to require the Mayor to submit an annual report on all donations made to the District of Columbia Public Schools; to require the District of Columbia Public Schools to submit performance measures; to amend the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools and Tax Conformity Clarification Amendment Act of 1998 to require that government services to public schools shall be provided on an equal basis to public schools and public charter schools; to amend the District of Columbia School Reform Act of 1995 to eliminate obsolete references, to provide that co-location agreements may include a lease period of less than 25 years, to revise the number of members on the Public Charter School Board and to clarify how a vacancy on the board shall be filled, and to revise reporting and the method of calculating the numbers of students; to authorize funding for increasing pre-k slots in community-based organizations, to require that for fiscal year 2011 an amount certain be deposited into the Pre-k Program Assistance Grant Fund and be transferred to the University of the District of Columbia; to require that certain portions of the Master Facilties Plan be resubmitted to the Council for review and approval; to amend the School Based Budgeting and Accountability Act of 1998 to require the Mayor to establish an Office of Public Education Facilities Planning within the Office of the Deputy Mayor for Education to be responsible for the development of the Master Facilities Plan; to adjust the 2011 Capital Improvement Plan and Capital Projects submitted by the Mayor to include a project related to Internet access and technology, and to set forth specific sub-projects that shall receive improvements; to amend An Act to enable the District of Columbia to receive Federal financial assistance under title XIX of the Social Security Act for a medical assistance program and for other purposes to modify the procedure for approval by the Council of fiscal year 2011 modifications of the Medicaid state plan; to impose an assessment on hospitals, to establish a nonlapsing account into which the assessments shall be deposited, and to establish the authorized uses of funds in the account; to amend the Health Maintenance Organization Act of 1996 to require publicly funded health maintenance organizations and prepaid health plans to comply with the prevailing premium assessment on commercial health maintenance organizations, and to direct associated revenues to enhance and expand publicly funded health coverage; to amend the Hospital and Medical Services Corporation Regulatory Act of 1996 to rename the Healthy DC Fund the Healthy DC and Health Care Expansion Fund, and to expand the purpose of the fund to provide increased funding to all public health-care programs administered by the Department of Health Care Finance; to amend the Insurance Regulatory Trust Fund Act of 1993 to exclude any policy or membership fee, net premium receipts, or consideration received from or paid by the Department of Health Care Finance from the definition of "direct 6

7 gross receipts"; and to amend the Healthy DC Act of 2008 to make conforming amendments; to amend Title 47 of the District of Columbia Official Code to allow the Mayor to increase the reimbursement for quality of care improvements through rulemaking, to permit a portion of any revenue generated in fiscal year 2011 to support Medicaid services in the District, to increase the assessment on ICF-MRs to 5.5% of gross revenue, and to make technical amendments; to amend Section (a) of the District of Columbia Official Code to transfer cash from the escheated properties fund to the Department of Human Services for emergency assistance uses; to amend section of the District of Columbia Official Code and Titles 17 and 22 of the District of Columbia Municipal Regulations to modify the fees on certain health-related licenses; to designate certain funding for competitive grants to support community-based targeted gang intervention and outreach; to amend the Health Care Privatization Amendment Act of 2001 to make conforming amendments to recognize the establishment of the Department of Health Care Finance; to direct the Mayor to provide Supplemental Nutrition Assistance program benefits for 5 months after households stop receiving Temporary Assistance for Needy Families program benefits; to amend the Children and Youth Initiative Establishment Act of 1999 to enhance the organizational and financial integrity of the Children and Youth Investment Trust Corporation; to amend the Medicaid Benefits Protection Act of 1994 to require health insurers that are legally responsible for the payment of a claim for a health care item or service to provide, as a condition of doing business in the District, information about individuals who were eligible for or received medical assistance and to amend the requirements for health insurers to reimburse the District for medical assistance it provided; to amend the District of Columbia Municipal Regulations to increase the fee associated with the filing of pharmaceutical marketing cost reports; to allocate funds within the Addiction Prevention and Recovery Administration to support improved epidemiological assessments of drug abuse in the District; to amend section 102(b) of the Community Access to Health Care Amendment Act of 2006; to establish a Juvenile Justice Commission; to amend the Department of Transportation Establishment Act of 2002 to modify the amount of funds that will be transferred from the District Department of Transportation Unified Fund to the General Fund of the District of Columbia; to amend the Fiscal Year 1997 Budget Support Act of 1996, the Uniform Disposition of Unclaimed Property Act of 1980; the Department of Transportation Establishment Act of 2002, and Title 24 of the District of Columbia Municipal Regulations to increase public space permit fees, to incorporate a technology surcharge, and to implement a process for the Mayor to claim unused public space deposits; to amend section of Title 24 of the District of Columbia Municipal Regulations to impose a public space permit fee on steel plates; to amend section of Title 24 of the District of Columbia Municipal Regulations to impose a public space permit fee on buses that park at a designated location in public space on a regular 7

8 schedule to pick up and drop off passengers; to amend the Department of Transportation Establishment Act of 2002 to authorize the District Department of Transportation to enter into agreements to allow the placement of advertisements on parking meters and parking meter receipts and to collect payments under the agreements; to amend the District of Columbia Environmental Policy Act of 1989 to establish fees for the review of environmental impact screening forms and for the preparation of Environmental Impact Statements and to authorize the District Department of the Environment to issue rules to assist District agencies in the review of the forms and the preparation of the statements; to amend the Clean and Affordable Energy Act of 2008 to modify the fiscal year 2011 funding levels for the Sustainable Energy Trust Fund and Energy Assistance Trust Fund programs; to amend An Act to Modernize the fish and game laws of the District of Columbia, and for other purposes, to preserve funding from the U.S. Fish and Wildlife Service, apportioned to the District by the Dingell-Johnson Sport Fish Restoration Act; to establish a Vehicle Inspection Task Force; to amend the Civilian School Crossing Guard Function Transfer Amendment Act of 2007 to exempt any civilian crossing guard from the time-in-grade requirements of the District of Columbia Municipal Regulations; to amend the Heights on Georgia Avenue Tax Exemption Act of 2009 to repeal the subject-to-appropriations provision; to amend the Studio Theatre Housing Property Tax Exemption and Equitable Relief Act of 2009 to repeal the subject-to-appropriations provision; to amend section of the District of Columbia Official Code to repeal a provision providing a refund of taxes paid on certain property owned by The Studio Theatre, Inc.; to repeal section 4 of the Affordable Housing Opportunities Residential Rental Project Property Tax Exemption and Equitable Real Property Tax Relief Act of 2010; to repeal section 802(b) of the Healthy Schools Act of 2010; to amend chapter 46 of title 47 of the District of Columbia Official Code to provide for an abatement of real property taxation for the property owned by First Congregational United Church of Christ and to provide equitable real property tax relief; to amend the Park Place at Petworth, Highland Park, and Highland Park Phase II Economic Development Act of 2010 to repeal the retroactivity and subject-to-appropriations provisions and to modify the tax abatement provided in the act; to amend section of the District of Columbia Official to modify the tax abatement provided for the Park Place at Petworth, Highland Park, and Highland Park Phase II projects; to amend the Kelsey Gardens Redevelopment Project Real Property Limited Tax Abatement Assistance Act of 2009 to remove the subject-to-appropriations provision for fiscal years 2010, 2011, and 2012; to amend chapter 8 of title 47 of the District of Columbia Official Code to provide tax abatements for nonprofit organizations that purchase or lease office space in certain emerging commercial markets; to transfer certain special purpose account balances and revenue to local funds, to realign the allocations of fiscal year 2011 funding for certain existing and new capital projects, including the streetcar project; to realign the allocations of fiscal 8

9 year 2010 funding for certain capital projects; to amend the Disposition and Redevelopment of Lot 854 in Square 441 Approval Act of 2008 to repeal the authority to issue tax increment financing bonds for the Broadcast Center One project, and to establish certain timing limits on the issuance of tax increment financing bonds under the Southwest Waterfront Bond Financing Act of 2008, the Southeast Federal Center Payment in Lieu of Taxes Revision Emergency Approval Resolution of 2007, and the Great Streets Neighborhood Retail Priority Areas Approval Resolution of 2007; to amend section of the District of Columbia Official Code to require the District of Columbia Lottery and Charitable Games Control Board, or any payor, for certain lottery winnings, to deduct and withhold an amount equal to the highest tax rate as specified in section , , or of the District of Columbia Official Code; to amend Chapter 11 of Title 20 of the District of Columbia Official Code to clarify the rules with respect to federal estate and generation-skipping transfer tax rules applicable to the estates of District decedents dying after December 31, 2009; to amend the Retail Incentive Act of 2004 to extend the latest date for the issuance of bonds, and to provide that retail development demonstration projects include one or more restaurants and to establish the total amount of bonds to be made available for demonstration projects; to amend Chapter 46 of Title 47 of the District of Columbia Code to provide a limited abatement of real property taxes on real property owned by The Pew Charitable Trusts, to amend section of the District of Columbia Official Code to establish a 6% sales tax rate on the sale of medical marijuana to be deposited in the Healthy DC and Health Care Expansion Fund; to amend section of the District of Columbia Official Code to require agency fiscal officers to provide quarterly reports on agency spending to the relevant Council committee chairperson; to amend section of the District of Columbia Official Code to provide authority to override a taxpayer exemption certificate to collect taxes in situations where there is a history of nonpayment of taxes through excessive withholding tax exemptions; to amend of the District of Columbia Official Code to update operating budget, Cash Flow Reserve, and Fund Balance Deposit requirements; to amend section of the District of Columbia Official Code to establish a sales tax on soft drinks or carbonated beverages; to amend section of the District of Columbia Official Code to require the Office of the Inspector General to arrange for an independent audit of the Office of Tax and Revenue for the purposes of examining the District's management and valuation of commercial real property assessments and to enter in a memorandum of understanding with the Board of Real Property Assessments and Appeals to provide the funding for the audit with the funds; and to amend the Tax Increment Financing Authorization Act of 1998 to extend the Tax Increment Financing bonds issuance deadline to January 1,

10 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Fiscal Year 2011 Budget Support Act of 2010". TITLE I. GOVERNMENT DIRECTION AND SUPPORT SUBTITLE A. LEASE INCOME FROM FORMER SCHOOL BUILDINGS Sec Short title. This subtitle may be cited as the "Lease Income from Former School Buildings Authorization Amendment Act of 2010". Sec Section 5(a) of the District of Columbia Appropriations Act, 1955, approved July 1, 1954 (68 Stat. 393; D.C. Official Code (a)), is amended by striking the phrase "deposited in the Fund" and inserting the phrase "deposited in the Fund, including, notwithstanding section 2 of An Act Authorizing the sale of certain real estate in the District of Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code ), all funds received by the District government from the leasing of excess school buildings or any real property formerly under the jurisdiction of the District of Columbia Public Schools and for which jurisdiction was transferred to the Department of Real Estate Services" in its place. Sec Section 2(b)(2) of An Act Authorizing the sale of certain real estate in the District of Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code (b)(2)) is amended by striking the phrase "The Mayor" and inserting the phrase "Except as provided in section 5(a) of the District of Columbia Appropriations Act, 1955, approved July 1, 1954 (68 Stat. 393; D.C. Official Code (a)), the Mayor" in its place. SUBTITLE B. WASHINGTON CENTER FOR AGING SERVICES LEASE INCOME Sec Short title. This subtitle may be cited as the "Washington Center for Aging Services Lease Income Amendment Act of 2010". Sec Section 5(a) of the District of Columbia Appropriations Act, 1955, approved July 1, 1954 (68 Stat. 393; D.C. Official Code (a)), is amended by striking the period at the end and inserting the phrase "; except, that the income received from the lease of the Washington Center for Aging Services building and property (located at th Street, N.E., in the District of Columbia) shall be deposited in the unrestricted fund balance of the General Fund of the District of Columbia." in its place. 10

11 SUBTITLE C. SALARIES AND BENEFITS Sec Short title. This subtitle may be cited as the "Within-Grade Salary Increases, Cost-of-Living Adjustments, and Salary and Benefits Schedules Act of 2010". Sec Definitions. For the purposes of this subtitle, the term: (1) "Agency" means an agency, office, or instrumentality of the District government, including independent agencies and subordinate agencies, as such terms are defined in section 301(13) and (17) of the CMPA. (2) "CMPA" means the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code et seq.). (3) "Negotiated salary schedule" means a salary schedule specified in a collective bargaining agreement. (4) "Negotiated salary, wage, and benefits provision " means the salary and benefits provided in a collective bargaining agreement. (5) "Personnel authority" means an individual with the authority to administer all or part of a personnel management program as provided in sections 301(14) and 406 of the CMPA. (6) "Within-grade salary increase" means the advancement of an employee's basic rate of pay to the next higher step or other increment within the same grade, class, or pay level based on quality or length of service, or both, without regard to whether the term "within-grade salary increase" or another term is used to describe the advancement within the applicable compensation law or rule. Sec Freeze of within-grade salary increases and cost-of-living adjustments. (a) Notwithstanding any other provision of law, rule, or collective bargaining agreement, an employee of an agency shall not receive a within-grade salary increase or a cost-of-living adjustment during the period from October 1, 2010, through September 30, (b) Time in a pay or non-pay status during the period from October 1, 2010 through September 30, 2011, shall not be considered creditable service for the purpose of computing an employee's length of service or waiting period for a within-grade salary increase under Title XI of the CMPA or other applicable law or rule. Sec Maintenance of fiscal year 2010 salary schedules and benefits in fiscal year Notwithstanding any other provision of law, collective bargaining agreement, memorandum of understanding, side letter, or settlement, whether specifically outlined or 11

12 incorporated by reference, all fiscal year 2010 salary schedules shall be maintained during fiscal year 2011, and no increase in salary or benefits, including increases in negotiated salary, wage, and benefits provisions and negotiated salary schedules, shall be provided in fiscal year 2011 from the fiscal year 2010 salary and benefits levels. Sec Application to certain employees of the District of Columbia Public Schools. (a) Sections 1023 and 1024 shall not apply to employees of the District of Columbia Public Schools who are based at a local school or provide direct services to individual students if the Council approves a collective bargaining agreement between The Washington Teachers' Union, Local #6 of the American Federation of Teachers, and the District of Columbia Public Schools for the period October 1, 2007 through September 30, (b) Notwithstanding any other provision of law, no restriction on the use of funds to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138) shall apply in fiscal year 2010 or fiscal year 2011 to employees of the District of Columbia Public Schools who are based at a local school or who provide direct services to individual students if the Council approves a collective bargaining agreement between The Washington Teachers' Union, Local #6 of the American Federation of Teachers, and the District of Columbia Public Schools for the period October 1, 2007 through September 30, (c) This section shall apply subject to the certification of the availability of funding by the Chief Financial Officer. Sec Application to the Metropolitan Police Department and the Fire and Emergency Medical Services Department. Section 1023 shall not apply to employees of the Metropolitan Police Department and the Fire and Emergency Medical Services Department. Sec Rules. To the extent authorized by the CMPA or other applicable law or rule, each personnel authority may issue rules to implement this subtitle. SUBTITLE D. OVERTIME WORK HOURS Sec Short title. This subtitle may be cited as the "Overtime Work Hours Amendment Act of 2010". Sec The District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code et seq.), is amended as follows: (a) Section 1201(b)(4) (D.C. Official Code (b)(4)) is amended to read as follows: 12

13 "(4) Overtime shall be paid in accordance with Title XVII and the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. 201 et seq.);". (b) Section 1717(n)(1) (D.C. Official Code (n)(1)) is amended by striking the phrase "in excess of the basic non-overtime workday". SUBTITLE E. OFFICE OF THE CHIEF TECHNOLOGY OFFICER Sec Short title. This subtitle may be cited as the "Technology Services Amendment Act of 2010". Sec The Office of the Chief Technology Officer Establishment Act of 1998, effective March 26, 1999 (D.C. Law ; D.C. Official Code et seq.), is amended as follows: (a) Section 1813 (D.C. Official Code ) is amended by adding a new sentence at the end to read as follows: "In addition, the Office may work to ensure that reasonable, affordable access to high-speed Internet services is available to District residents and businesses.. (b) Section 1814 (D.C. Official Code ) is amended as follows: (1) Paragraph (8) is amended by striking the word "and" at the end. (2) Paragraph (9) is amended by striking the period at the end and inserting the phrase "; and" in its place. (3) A new paragraph (10) is added to read as follows: "(10) Developing and implementing solutions designed to ensure that residents and businesses in all areas of the District have reasonable, affordable access to high-speed Internet services.". Sec Section 1003(a) of the Technology Services Support Act of 2007, effective September 18, 2007 (D.C. Law 17-20; D.C. Official Code (a)), is amended by striking the phrase "independent District government agencies and entities outside the District government that may engage the DC-Net program to provide telecommunications services to the District of Columbia Public Schools" and inserting the phrase "independent District government agencies, agencies of the federal government, agencies of state or local governments, nonprofit entities providing health care or education services in the District of Columbia, entities outside the District government that may engage the DC-Net program to provide telecommunications services to the District of Columbia Public Schools, District of Columbia public charter schools, the District of Columbia Public Library, and any open-access public network established for the purpose of providing Internet access services to underserved residents or neighborhoods in the District" in its place. 13

14 SUBTITLE F. OFFICE ON LATINO AFFAIRS GRANT-MAKING AUTHORITY Sec Short title. This subtitle may be cited as the "Office on Latino Affairs Grant-Making Authority Amendment Act of 2010". Sec Section 303 of the District of Columbia Latino Community Development Act, effective September 29, 1976 (D.C. Law 1-86; D.C. Official Code ), is amended as follows: (a) Paragraph (8) is amended by striking the word "and" at the end. (b) Paragraph (9) is amended by striking the period at the end and inserting the phrase "; and" in its place. (c) A new paragraph (10) is added to read as follows: "(10) Issue grants to organizations that provide services to Latino residents of the District of Columbia or in furtherance of the mission of the Office or the purposes of this act.. SUBTITLE G. PUBLIC SECTOR WORKERS' COMPENSATION Sec Short title. This subtitle may be cited as the "Disability Compensation Amendment Act of 2010". Sec The District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code et seq.), is amended as follows: (a) The table of contents is amended as follows: (1) Strike the phrase "XXIII. DISABILITY COMPENSATION" and insert the phrase "XXIII. PUBLIC SECTOR WORKERS' COMPENSATION" in its place. (2) Add a new section designation after SEC PARTIAL DISABILITY to read as follows: "SEC. 2306a. PERIOD OF DISABILITY PAYMENTS. (b) Title XXIII is amended as follows: (1) The title heading is amended by striking the phrase "Disability Compensation" and inserting the phrase "Public Sector Workers' Compensation" in its place. (2) Section 2301 (D.C. Official Code ) is amended as follows: (A) Paragraph (5) is amended to read as follows: "(5)(A) The term "injury" means: "(i) Accidental injury or death arising out of and in the course and scope of employment; and "(ii) Occupational disease or infection as arises naturally out of such employment or as naturally or unavoidably results from such accidental injury. "(B) The term "injury" includes: 14

15 "(i) An injury caused by the willful act of third persons directed against an employee because of his or her employment; and "(ii) Damage to, or destruction of, eyeglasses, hearing aids, medical braces, artificial limbs, and other medical devices and such time lost while such device or appliance is being replaced or repaired.". (B) A new paragraph (22) is added to read as follows: "(22) The term "accident" means an unexpected traumatic event during a single work shift identifiable by time and place of occurrence and producing objective symptoms of an injury.". (3) Section 2302 (D.C. Official Code ) is amended as follows: (A) The existing text is designated as subsection (a). (B) New subsections (b) and (c) are added to read as follows: "(b) No claim shall be allowed under this act for mental stress or an emotional condition or disease resulting from a reaction to the work environment or to an action taken or proposed by the employing agency involving the following: "(1) Employee's work performance, assignments, or duties; "(2) Promotion or denial of promotion; "(3) Adverse personnel action; "(4) Transfer; "(5) Retrenchment or dismissal; or "(6) Provision of employment benefits. "(c) Pursuant to section 204(a), the limitation of liability described in subsection (b) of this section shall not apply to an employee whose date of hire was before January 1, 1980.". (4) Section 2304 (D.C. Official Code ) is amended by adding new subsections (c) and (d) to read as follows: "(c) The initial vocational rehabilitation services provided pursuant to this section shall be for a period not to exceed 90 days after the claimant reaches maximum medical improvement and vocational rehabilitation is initiated. "(d) After the initial 90-day period has expired, the vocational rehabilitation services may be extended, at the discretion of the Mayor, for good cause shown, for incremental periods of 90 days, not to exceed one year from the initiation of the initial vocational rehabilitation plan.". (5) Section 2305(a) (D.C. Official Code (a)) is amended by striking the phrase "the District of Columbia government" and inserting the phrase ", subject to the limitations in section 2306a, the District government" in its place. (6) Section 2306(a) (D.C. Official Code (a)) is amended by striking the phrase "the District of Columbia government" and inserting the phrase ", subject to the limitations in section 2306a, the District government" in its place. (7) A new section 2306a is added to read as follows: "Sec. 2306a. Period of disability payments. 15

16 "(a) Except as provided in subsection (b) of this section, for any one injury causing temporary total or temporary partial disability, the payment for disability benefits shall not continue for more than a total of 500 weeks; provided, that within the last 52 weeks, the claimant shall be entitled to a hearing before an Office of Administrative Hearings judge for purposes of determining whether the claimant has a permanent disability. The hearing shall be conducted pursuant to the provisions of section 2324(b). Within 30 days after the hearing, the Mayor shall notify the claimant, the Attorney General, and the Office of Personnel in writing of his or her decision and any permanent disability award that he or she may make and the basis of the decision. "(b) Subsection (a) of this section shall not apply to any employee whose date of hire was before January 1, "(c) Subsection (a) shall apply one year after the effective date of this subtitle.". (8) Section 2307 (D.C. Official Code ) is amended by adding a new subsection (d) to read as follows: "(d) If medical records or other objective evidence substantiate a pre-existing impairment or other impairments or conditions unrelated to the work-related injury, the Mayor shall apportion the pre-existing or unrelated medical impairment from that of the current work-related injury or occupational disease in accordance with American Medical Association Guides to the Evaluation of Permanent Impairment ("AMA Guides"). In making this determination, the Mayor shall consider medical reports by physicians with specific training and experience in the use of the AMA Guides.". (9) Section 2310 (D.C. Official Code ) is amended as follows: (A) The lead-in text of subsection (a) is amended by striking the phase "and except as provided in subsection (a-1) of this section,". (B) Subsection (a-1) is repealed. (C) Subsection (b) is amended by striking the phrase "Except as provided in subsection (b-1) of this section, an employee with a disability" and inserting the phrase "An employee with a disability, whose date of hire was before January 1, 1980," in its place. (D) Subsection (b-1) is repealed. (10) Section 2313 (D.C. Official Code ) is amended as follows: (A) The section heading is amended to read as follows: "Sec Increase, decrease, or suspension of compensation.. (B) Subsection (a) is amended by striking the phrase "at the time of injury; or" and inserting the phrase "at the time of injury, and" in its place. (C) Subsection (b) is amended by striking the phrase "If an individual" and inserting the phrase "If an employee, whose date of hire was before January 1, 1980," in its place. (D) A new subsection (c) is added to read as follows: "(c) If an employee hired after December 31, 1979, without good cause, fails to apply for 16

17 or undergo vocational rehabilitation when so directed under section 2304, his or her right to compensation under this title shall be suspended until the noncompliance ceases.". (11) Section 2316 (D.C. Official Code ) is amended by adding a new subsection (a-1) to read as follows: "(a-1) An employee shall not be eligible for compensation under this title if he or she was employed by the District of Columbia or the federal government before October 1, 1987, and is receiving disability benefits from the federal government for the same injury.". (12) Section 2322 (D. C. Official Code ) is amended as follows: (A) Subsection (a) is amended by striking the phrase "3 years" and inserting the phrase "2 years" in its place. (B) A new subsection (e) is added to read as follows: "(e) An injured worker may reopen a case within one year after the date of the last payment of indemnity or the final order issued by a judicial entity.". (13) Section 2323(a-2)(4) (D.C. Official Code (a-2)(4)) is amended by striking the sentence "In all medical opinions used under this section, the diagnosis or medical opinion of the employee' s treating physician shall be accorded great weight over other opinions, absent compelling reasons to the contrary.". (14) Section 2324 (D.C. Official Code ) is amended as follows: (A) Subsection (a-3)(1) is amended by striking the phrase "against payment of compensation" and inserting the phrase "against payment of compensation on a newly filed claim" in its place. (B) Subsection (a-4) is repealed. (C) Subsection (d) is amended as follows: (i) Paragraph (3) is amended as follows: (I) Subparagraph (C) is amended to read as follows: "(C) The claimant has been released to return to work or has returned to work based upon clear evidence;". (II) Subparagraph (E) is amended to read as follows: "(E) Payment of compensation has been suspended due to the claimant's failure to participate in vocational rehabilitation, failure to follow prescribed and recommended courses of medical treatment from the treating physician, or failure to cooperate with the Mayor's request for a physical examination.". (ii) Paragraph (4)(D) is amended to read as follows: "(D) The employee has been released to return to work in a modified or light duty basis.". (15) Section 2327 (D.C. Official Code ) is amended as follows: (A) Subsection (a) is amended to read as follows: "(a) A claimant may authorize an individual to represent him or her in any proceeding before an administrative law judge under section 2324(b). The claimant shall pay the fee for the 17

18 representation.". (B) Subsection (b) is amended to read as follows: "(b) In all cases, a claim for legal or other services furnished on behalf of a claimant in respect to a case, claim, or award for compensation under this title shall be valid only if approved by the administrative law judge.". (C) Subsection (d) is repealed. (16) Section 2344(a) (D.C. Official Code (a)) is amended by striking the sentence "The Mayor shall promulgate regulations that explain the standards and procedures that govern determinations for the modification of an award of compensation." and inserting the sentence "The Mayor shall promulgate rules necessary or useful for the administration and enforcement of this title, including rules for modifying an award of compensation and for the conduct of hearings under section 2324." in its place. (17) Section 2347 (D.C. Official Code ) is amended as follows: (A) Subsection (c) is amended by striking the phrase "90 calendar days." and inserting the phrase "180 days (assigned in 90-day increments) in any 12-month period." in its place. (B) A new subsection (j) is added to read as follows: "(j) The employee shall be given written notice of the available temporary modified duty assignment.". SUBTITLE H. NOTARIES Sec Short title. This subtitle may be cited as the "Notaries Public Authentications and License Fee Amendment Act of 2010". Sec The third unnumbered paragraph of section 558 of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1279; D.C. Official Code (c)), is amended to read as follows: "(c) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1024; D.C. Official Code et seq.), may issue rules to carry out the provisions of this section and sections 559 through 573, including rules to establish and amend fees.". Sec Chapter 24 of Title 17 of the District of Columbia Municipal Regulations is amended as follows: (a) Section 2407 is amended to read as follows: "2407 CERTIFICATION (AUTHENTICATION) OF NOTARIES PUBLIC " The Secretary of the District of Columbia shall issue certifications (authentications) of seals and signatures of notaries appointed in the District of Columbia 18